Raj Nath Rajbhar @ Rajnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58210 of 2015 Arising out of PS. Case No. -673 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Raj Nath Rajbhar @ Rajnath Rai son of late Gauri Rai, resident of VillageNeuri Police Station Chenari, District Rohtas at Sasaram. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. P.K. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-01-2016 Heard the parties.

The petitioner is in custody in connection with Sasaram (Darigaon) P.S. Case No. 673 of 2015 for offence punishable under Sections 147, 148, 149, 307, 353 and 121 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

The allegation against the accused persons is of belonging to an extremist organization and of being engaged in attacking the police party which has also resulted in fire arm injury on the police party. The informant is the Station House Officer who has recorded that on being challenged the accused persons retorted by returning fire injuring a police man and in the process one Laxmi Singh was apprehended who has disclosed the name of

Patna High Court Cr.Misc. No.58210 of 2015 (2) dt.29-01-2016 the other accused including the present petitioner. Learned counsel for the petitioner has submitted that except for the confessional statement of accused Laxmi Singh, there is nothing against the petitioner except suspicion and that the petitioner has a clean antecedent.

Having heard learned counsel for the parties and considering the submissions of learned counsel, let the petitioner Raj Nath Rajbhar @ Rajnath Rai be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 673 of 2015 subject to the following conditions:

(a) One of the close relative of the petitioner would stand as a bailor and who shall give his relationship with the petitioner as also inform the court below in respect of any change or address of the petitioner or his involvement in any other case.

(b) The said bailor would also give undertaking of informing the court below in case this petitioner after his release is found involved in any other case of similar nature and whereupon the court below would be entitled to cancel the bail bond of the petitioner.

Patna High Court Cr.Misc. No.58210 of 2015 (2) dt.29-01-2016 (c) The petitioner would file an affidavit in the court below of accepting the police papers and any attempt to avoid the same would entail cancellation of bail bond of the petitioner.

(d) The petitioner would ensure his representation in the court below on each and every date fixed in the case and his failure to do on two consecutive dates without reasonable explanation to the satisfaction of the court below would entitle the court concerned to cancel the bail bond of the petitioner and take him into custody.

(Jyoti Saran, J) S.Sb/- U